TERMS & CONDITIONS OF MEMBERSHIP
The following terms and conditions (“Terms and Conditions”) shall apply to all memberships issued by (i) Defender Outdoors, LLC (“Defender”) for membership in the Defender Outdoors Shooting Center facility located in Fort Worth, Texas (the “DOSC Facility”) and (ii) Defender Outdoors Clay Sports Ranch for membership in the Defender Outdoors clay sports facility located in Fort Worth, Texas (the “DOCSR Facility”, and together with the DOSC Facility, the “Facilities”).
1. MEMBERSHIP REQUIREMENTS. Each member, and each person entitled to access of the Facilities under such member’s membership aged 18 and older must sign and deliver a Release from Liability and Indemnification Agreement (“Facility Waiver”) prior to using the Facilities. For each member entitled to access of the Facilities under a membership that is under the age of 18, a parent or legal guardian for such member must sign and deliver a Range Waiver with respect to such member. All membership applications are subject to approval by Defender. Defender reserves the right to approve or reject any membership application. Membership applications for individuals who are not legally entitled to purchase or possess a firearm pursuant to state or federal law shall be denied.
2. MEMBER’S RIGHT TO CANCEL. You may cancel your membership at any time only by sending written notice to Defender by going to defenderoutdoors.com/Memberships, and submitting the Cancellation Form located at the bottom of the page. All cancellations given in accordance with these Terms and Conditions shall become effective: (i) for memberships paid on a monthly basis, on the last day of the monthly billing cycle that is in effect thirty (30) days after receipt of a cancellation notice, and (ii) for memberships paid in on annual basis, at the end of the current annual membership period, provided that the member provides such cancellation notice no later than thirty (30) days prior to the end of such annual membership period (if notice is not given on a timely basis, the cancellation shall be effective thirty (30) days after the end of such annual membership period). The registration fee and any prepaid monthly or annual dues shall be earned in full upon receipt and shall be non-refundable in the event of your cancellation of the membership or termination of the membership by Defender for any reason.
3. DEFENDER’S RIGHT TO TERMINATE. Defender may terminate your membership at any time for failure to pay the applicable membership dues or following any breach or violation of these Terms and Conditions or other Rules (as defined in Section 10) of the Facilities by you or any of your family members or guests, or for any conduct which, in the opinion of management of Defender in its sole discretion, is prejudicial to the welfare, safety, good order, and character of the Facilities and/or its members, by sending notice to you at your email address on file with Defender and such notice shall be effective upon sending by Defender.
4. FREEZING YOUR MEMBERSHIP. If you need to freeze your membership at any time, please contact member services. Defender will make reasonable accommodations for members that desire to freeze their membership; provided, however, that memberships shall not be frozen for periods in excess of three (3) months or more than once in any twelve (12) month period. When your membership is frozen, you will be charged a $20 fee per month and once you reinstate your membership you will not be charged an additional initiation fee. Members may not use the benefits of their membership while the membership is frozen.
5. CHANGES IN THE TERMS AND CONDITIONS. Defender reserves the right, in its sole discretion, to modify these Terms and Conditions from time to time. Such changes shall be effective on the date such revised Terms and Conditions are posted to the Defender website or as otherwise communicated to the members. Any such changes shall be binding on you on the effective date of the change.
6. CHANGES IN THE MEMBERSHIP BENEFITS. Defender reserves the right to add to, remove or change any published membership benefit or amenity at any time, in its sole discretion; provided, however, that any such addition, removal or change does not unreasonably remove or restrict benefits enjoyed by existing members. The membership benefits at any time shall be as posted on Defender’s website or as otherwise communicated to the members. Such changes shall be effective on the date such revised membership benefits are posted to the website or communicated to the members.
7. FAMILY MEMBERSHIPS. A Family membership shall grant membership privileges to the Primary member identified on the membership application and his or her spouse and unmarried children under the age of 26 living in the primary member’s home or attending school on a full-time basis. Any such children 21 years of age or older shall be required to meet the same conditions of membership and shall have the same privileges as the primary member; any such children under the age of 21 shall have limited privileges as determined by Defender. Any family member between 18 to 21 years of age may enter and shoot in the Facilities provided they are accompanied by the Primary member or his or her spouse and they remain under the direct supervision of such Primary member or spouse at all times. Any family member between the ages of 10 and 17 may enter and shoot in the Facilities provided that each such family member is accompanied on a 1:1 basis by a primary member, his or her spouse, or an authorized guardian and such accompanying party stays in the shooting booth with such family member at all times. Family members between the ages of 10 and 12 may only shoot a .22 caliber firearm unless otherwise approved by the Range Safety Officer (“RSO”) then on duty. Defender reserves the right, from time to time, to limit the use of the Facilities by family members under the age of 21 during peak periods of Facility use.
8. MONTHLY MEMBERSHIP DUES. For all monthly memberships, dues shall be due and payable in advance on the first day of each month. Dues for the first month of a membership shall be prorated based on the membership start date. The initial monthly dues shall be as set forth on your membership application. All monthly memberships are open-ended memberships unless otherwise stated. Monthly dues are required to be paid by a monthly charge to your credit or debit card or ACH debit on your bank account. Payment terms will be set forth in the recurring monthly payment authorization (the “Payment Authorization”) agreed to by you and delivered to Defender with your application or via your enrollment through the Defender membership portal. You may change the terms of the Payment Authorization by submitting a new Payment Authorization to Defender or via the Defender membership portal prior to your next payment due date. It is your responsibility to make sure a valid Payment Authorization is on file at all times, and that updated payment information is submitted any time the applicable bank account or credit or debit card account information is changed. In the event that any monthly dues payment is not paid by the fifth day of each month, your membership will be suspended until such payment has been made. Notwithstanding the foregoing, you may, at your option, pay membership dues for any twelve (12) month period in advance and receive a discount as established from time to time by Defender.
9. ANNUAL AND MINI MEMBERSHIP DUES. For all annual memberships, first year dues shall be payable in advance at the time your membership application is accepted. All annual memberships shall renew automatically for subsequent annual membership periods unless you send written notice to Defender at billing@defenderoutdoors.com no less than thirty (30) days prior to the end of the annual period then in effect. Mini memberships will automatically renew at the end of the initial three (3) month membership period on a month to month basis at the Individual Plus membership monthly rate unless you submit the Cancellation Request Form located at the bottom of the Membership page located here https://defenderoutdoors.com/membership-cancellation-form/ no less than thirty (30) days prior to the end of the initial three (3) month term.
10. LATE CHARGES. It is your responsibility to ensure that the method of payment set forth in the most recent Payment Authorization provided to Defender remains a valid method of payment. In the event of a cancellation or change in the account information associated with any credit or debit card or bank account, you must update your payment information no less than fifteen (15) days prior to the next payment due date. In the event any ACH or credit or debit card charge is declined or returned, Defender reserves the right to charge a processing fee of $25.00 in addition to payment of the unpaid dues for each month that the dues are not paid. In addition to the processing fee for any payment that is declined or returned, Defender reserves the right to immediately limit or terminate any or all membership privileges on any delinquent memberships.
11. FACILITY AND FACILITY RULES. Defender shall establish rules, regulations and policies concerning the operation of the Facilities (the “Rules”) from time to time. The Rules and all changes thereto shall be provided to the members and shall be posted on the Facilities’ website and in the Facilities. In addition, one or more RSOs will be on duty at all times during which the Facilities are in operation. You acknowledge and agree to follow the Rules and the direction of the RSOs at all times, and to insure that your family members or individual business members (as applicable) and guests follow such rules and directions at all times. Violation of the Rules or failure to follow the direction of the RSOs by you, your family members or individual business members or your guests may be grounds for immediate suspension or termination of all of a portion of your membership privileges.
12. SHIELD CLUB RANGE/MEMBERSHIPS. Unless otherwise approved by a member of the RSO team, Shield Club Members should not shoot on the Shield Club Range without an RSO present. Shield Club Members and their guests are not permitted to go or shoot in front of the firing line unless under the direct supervision of an RSO or member of the training staff. As a courtesy to other Shield Club Members, when a Shield Club Member and his/her guests are occupying more than one lane in the Shield Club Range, the Shield Club Member and his/her guests should occupy adjoining lanes if available. In the event that a Shield Club Member is bringing in more than 4 guests at any time, renting more than 4 firearms, or occupying more than 3 lanes, the Shield Club Member must coordinate such visit through the events department and additional charges may apply. Shield Club Members will receive a 15% discount on events. Any designated employees of a Corporate Shield Club Member (other than the 4 primary members) will not be entitled to receive the full benefits available to the 4 primary members and such designated employees will only be entitled to (i) free access to the Shield Club Range and Lounge, (ii) free targets and eye and ear protection, (iii) a maximum of 4 designated employees at any time, and (iv) the use of a maximum of 2 lanes at any time.
13. GUEST POLICY. As a benefit of membership, members may be granted the number of guest passes set forth below in accordance with such member’s membership package below. Any guest visits exceeding the allocated guest passes will be charged to you at the guest rate then in effect for your membership. The number of times a particular guest may use the Facilities during any month may be limited. All applicable guest charges shall be paid upon check-in. You are responsible for supervising your guests at all times they are in the Facilities, and for any damages to the Facilities caused by your guests. Guests of a member must share a lane with the accompanying member unless otherwise approved by an RSO. RESTRICTIONS ON USE. Memberships and guest passes are for recreational use by members and their guests only. Memberships and guest passes shall not be used for providing commercial firearms instruction services. All instructors desiring to use the Facilities to provide instruction must first be approved to do so by the training department and must coordinate range time for instruction through the training department.
- Basic Hero, Basic Individual, and Basic Family Memberships do not receive guest passes. If a Basic Hero, Basic Individual, or Basic Family member desires to bring a guest, they can do so by paying the $10 extra person fee as long as the member and guest share a lane.
- Mini Memberships receive guest passes. Mini members may only use one (1) guest pass per visit and their guest must share a lane with the member.
- Hero Plus and Individual Plus Memberships receive guest passes. Hero Plus and Individual Plus members may only use one (1) guest pass per visit and their guest must share a lane with the member.
- Family Plus Memberships receive guest passes. Family Plus members may use one (1) guest pass per lane being used by the Family Plus member(s) per visit (up to a maximum of two (2) guest passes per visit) and their guest(s) must share a lane with the member(s).
- Platinum and Corporate Memberships receive unlimited guest passes. Platinum and Corporate members may use up to four (4) guest pass per membership per visit. If a Platinum or Corporate member desires to bring more than four (4) guests on any visit, they must schedule that visit with Defender at least three (3) days in advance. If a Platinum or Corporate member desires to bring more than ten (10) guests on any visit, such visit will be considered an event and is subject to additional charges.
14. USE OF FACILITIES. Defender agrees to provide reasonable access to the Facilities during the normal business hours of the Facilities. However, the Facilities are not provided for the exclusive use of the members and their guests. From time to time, Defender may host internal events, manufacturer promotions, private rentals, marketing and other events in Facilities during and after the normal business hours of the Facilities. All such events and any scheduled maintenance requiring closure of the Facilities shall be communicated to the members in advance by email and/or by posting on the Facility website.
15. LANE RESERVATIONS. Unless otherwise approved by Defender, members with Hero, Individual, or Mini memberships may only reserve one (1) lane per hour and members with Family or Shield Club memberships may reserve up to two (2) lanes per hour.
16. MEMBERSHIP TRANSFERS. Each membership is personal to the primary member and may not be transferred or assigned at any time to any other person except as set forth herein. In the event of the death of the primary member, the surviving spouse of such member, if any, may continue as the primary member for the membership without paying any additional Initiation Fee. In the event the deceased member is not survived by a spouse or the spouse does not desire to continue the membership, it shall be terminated. In the event the primary member becomes legally separated or divorced, ownership of the membership shall continue with the primary member unless and until the membership is awarded to the spouse by written agreement or final divorce decree, and Defender is given written notice thereof. Elite Platinum, Corporate and Founders memberships are transferable one-time for a $500 transfer fee payable to Defender and subject to the approval of the transferee by Defender. Any such transfer must be given effect by Defender. Defender may, but shall not have any obligation to, market or otherwise offer any member’s membership for sale or transfer on such member’s behalf at the request of such member. Elite Lifetime memberships may be passed down one family generation either: (a) by the Primary member during such Primary member’s life upon written notice to Defender, or (b) following such Primary member’s death, upon the administration of such Primary member’s estate and as directed by the executor thereof; provided, however, that an Elite Lifetime membership must be transferred to an individual and shall not be transfer red into a trust, corporation, company or other entity.
17. MISCELLANEOUS.
A. The types of memberships available, applicable fees, suspension or expulsion of members and all other matters affecting or relating to the members or the membership shall be at the sole discretion and control of Defender.
B. It is the policy of Defender to accept applications for membership from any individual, couple, facility or business that meets the requirements established from time to time by Defender, without regard to race, color, creed, gender, religion or national origin, nor shall such matters ever be made a condition of membership.
C. You acknowledge that there have been no promises, warranties or representations, express or implied, pertaining directly or indirectly to the membership which are not contained herein, in the membership application or on the Defender website.
D. In any dispute relating to non-payment of dues or charges for damage to the premises or personal property by you, your family or guests, you shall be responsible for any attorneys’ fees and/or costs incurred by Defender in enforcing its rights under these Terms and Conditions.
E. Any waiver by Defender of any right or obligation hereunder shall be deemed a continuing waiver and no failure by Defender to exercise, in whole or in part, any rights provided to Defender hereunder shall prevent the later exercise of such right or any other right. No waiver by Defender shall be effective unless such waiver is in writing and signed by Defender.
F. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the remaining terms or provisions hereof, which remaining terms and provisions shall remain unmodified and in full force and effect.
G. The rights and obligations of the parties arising out of the membership, including the terms and conditions set forth herein, as amended from time to time, shall be governed by the laws of the State of Texas.